Law

Armed Forces Act 2006

United Kingdom · statute

Ask the law about this More laws of United Kingdom For machines: Markdown

In force since 2026-10-05, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 13e637f0576a1d11483eaf6a070cd8d506eb51bed33560e92347205104d9e437

Contents: 519 provisions

Proposed changes to this act

No one has proposed a change to this act yet.

519 provisions

205 Amendment of order with community requirements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

206 Suspended sentence: further conviction or breach of community requirement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

207 Definitions for purposes of Chapter

In this Chapter— “relevant service court” means any of the following— the Court Martial; the Service Civilian Court; the Court Martial Appeal Court; the Supreme Court on an appeal brought from the Court Martial Appeal Court; “suspended sentence order” has the same meaning as in the Sentencing Code (see section 286(6) of that Code); “suspended sentence order with community requirements” means a suspended sentence order that specifies one or more community requirements (see section 286(2) of that Code).

Propose a change

208 Prohibition on imposing imprisonment on persons under 21

A person who is aged under 21 when convicted of an offence by the Court Martial or the Service Civilian Court shall not be sentenced to imprisonment for the offence.

Propose a change

209 Offenders under 18 convicted of certain serious offences: detention for specified period

(1) Subsection (5) (power to pass sentence of detention) applies where— (a) a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and (b) the case is within any of subsections (2) to (4). (2) The case is within this subsection if the corresponding offence under the law of England and Wales is under that law— (a) an offence punishable in the case of an offender aged 21 or over with imprisonment for 14 years or more; and (b) not an offence the sentence for which is fixed by law; and the case does not fall within section 221 or 227 (see subsections (4), (5B) and (5C)). (3) The case is within this subsection if the corresponding offence under the law of England and Wales is an offence under— (a) section 3 of the Sexual Offences Act 2003 (c. 42) (sexual assault); (b) section 13 of that Act (child sex offences committed by children or young persons); (c) section 25 of that Act (sexual activity with a child family member); or (d) section 26 of that Act (inciting a child family member to engage in sexual activity); and the case does not fall within section 221 (see subsection (5B)). (4) The case is within this subsection if — (a) it falls within section 227(1) (certain firearms offences), and (b) the court is of the opinion mentioned in section 227(2) (exceptional circumstances justifying not imposing the required sentence). (5) Where this subsection applies, the court may pass a sentence of detention under this section if it is of the opinion that none of the other methods by which the offender may legally be dealt with is suitable. (5A) Subsection (5D) (duty to pass sentence of detention) applies where— (a) a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and (b) the case is within subsection (5B) or (5C). (5B) The case is within this subsection if it falls within section 221 (life sentence for certain dangerous offenders aged under 18). (5C) The case is within this subsection if— (a) it falls within section 227(1) (certain firearms offences), and (b) the Court Martial is not of the opinion mentioned in section 227(2) (exceptional circumstances justifying not imposing the required sentence). (5D) Where this subsection applies, the court must pass a sentence of detention under this section. (6) A sentence of detention under this section is a sentence that the offender be detained for such period (not exceeding the maximum term of imprisonment with which the offence under section 42 is punishable in the case of a person aged 21 or over) as may be specified in the sentence. (7) Subsections (5) , (5D) and (6) are subject to (in particular)— ... sections 260 and 261 (general restrictions on custodial sentences).

Propose a change

210 Detention under section 209: place of detention etc

(1) A person sentenced to be detained under section 209 is liable to be detained in such place, and under such conditions, as may be determined by the Secretary of State or by such other person as may be authorised by him for the purpose. (2) A person detained in pursuance of a sentence under section 209 shall be deemed to be in legal custody.

Propose a change

210A Offenders under 21: offences other than murder; discretionary custody for life

(1) This section applies where a person aged at least 18 but under 21 is convicted by the Court Martial of an offence— (a) for which the sentence is not fixed by law, but (b) which is punishable in the case of a person aged 21 or over with imprisonment for life. (2) If the court considers that a sentence for life would be appropriate, it is to sentence the offender to custody for life under section 272(2)(a) of the Sentencing Code. (3) Sections 260 (threshold for imposing discretionary custodial sentence) and 261 (length of discretionary custodial sentence: general provision), in particular, apply for the purposes of subsection (2).

Propose a change

210B Offenders under 21: power to impose detention in a young offender institution

(1) A sentence of detention in a young offender institution is available to the Court Martial or the Service Civilian Court dealing with an offender for an offence where— (a) the offender is aged at least 18 but under 21 when convicted, (b) the offence is punishable with imprisonment in the case of a person aged 21 or over, and (c) the court is not required to pass a sentence of— (i) detention at Her Majesty's pleasure, or (ii) custody for life. (2) The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for the offence in the case of a person aged 21 or over. (3) The minimum term of a sentence of detention in a young offender institution is 21 days.

Propose a change

211 Offenders under 18: detention and training orders

(1) Where— (a) a person aged under 18 is convicted by the Court Martial or the Service Civilian Court of an offence which is punishable with imprisonment in the case of a person aged 21 or over, and (b) the court is of the opinion mentioned in section 260(2) or the case falls within section 260(3), the sentence that the court is to pass is (subject to subsections (2) and (3)) an order that the person shall be subject, for the term specified in the order, to a period of detention and training followed by a period of supervision. (2) In the case of an offender aged under 15 at the time of the conviction, the court may not make an order under this section unless it is of the opinion that he is a persistent offender. (3) In the case of an offender aged under 12 at the time of the conviction, the court may not make an order under this section unless— (a) it is of the opinion mentioned in subsection (2); (b) it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by him; and (c) the offence was committed after paragraph (aa) of section 234(1) of the Sentencing Code comes into force (see paragraph 27(1)(b) of Schedule 22 to the Sentencing Act 2020). (4) Subsection (1) is also subject to sections 209, 218, ... 221, 221A and 227 (other custodial sentences that may or must be imposed in particular cases).

Propose a change

212 Term of detention and training order: general

(1) The term of an order made under section 211 in respect of an offence— (a) shall be 4, 6, 8, 10, 12, 18 or 24 months; and (b) may not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over. (2) Where— (a) the offence is an offence under section 42 (criminal conduct), (b) the corresponding offence under the law of England and Wales is under that law a summary offence, and (c) the maximum term of imprisonment with which that offence is punishable in the case of a person aged 21 or over is 51 weeks, the term of the order may not exceed 6 months. (3) An order under section 211 takes effect at the beginning of the day on which it is made, unless the court orders otherwise under section 237 of the Sentencing Code (as applied by section 213 of this Act).

Propose a change

213 Application of provisions relating to civilian detention and training orders

(1) In the following provisions of the Sentencing Code, references to a detention and training order include an order under section 211 of this Act— (a) sections 237 to 248; (b) Schedule 12. (2) In the following provisions of the Sentencing Code, “court” includes a relevant service court— (a) sections 237 and 238; (b) section 246; (c) sections 253 and 257; (d) section 270. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) In its application to a relevant service court, section 253 of the Sentencing Code has effect as if the references to a sentence of detention under section 250 or 252A were references to a sentence of detention under 209 of this Act. (3B) In its application to a relevant service court, section 257 of the Sentencing Code has effect as if the references to an extended sentence of detention under section 254 were references to an extended sentence of detention under that section imposed as a result of section 221A of this Act. (4) Subsection (5) applies where an order under paragraph 3(2)(a) of Schedule 12 to the Sentencing Code (further period of detention) is made against an offender for breach of supervision requirements— (a) during a period of supervision under an order under section 211 of this Act, (b) during a further period of supervision imposed for breach of supervision requirements during a period within paragraph (a), or (c) during one of a series of further periods of supervision— (i) each of which apart from the first was imposed for breach of supervision requirements during the previous further period of supervision, and (ii) the first of which was imposed for breach of supervision requirements during a period within paragraph (a). (5) Paragraph 5(2) of Schedule 12 to the Sentencing Code has effect as if, in the closing words, after “Schedule” there were inserted “ and section 214 of the Armed Forces Act 2006 ”. (6) In subsection (4)— “further period of supervision” means a period of supervision imposed under paragraph 3(2)(b) of Schedule 12 to the Sentencing Code; “supervision requirement” has the meaning given in paragraph 1 of Schedule 12 to the Sentencing Code. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) In this section, “relevant service court” has the same meaning as in Chapter 4 of Part 8 (see section 207).

Propose a change

213A Period in service custody: effect on term of detention and training order

(1) Subsection (2) applies where— (a) the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence, and (b) the offender has been kept in service custody in connection with the offence or any other offence the charge for which was founded on the same facts or evidence. (2) In determining the term of the order under section 211, the court must take account of the period for which the offender was kept in service custody. (3) If the court proposes to make two or more orders under section 211 in respect of two or more offences— (a) subsection (2) does not apply, but (b) in determining the total term of those orders, the court must take account of the total period for which the offender has been kept in service custody in connection with— (i) any of those offences, or (ii) any other offence the charge for which was founded on the same facts or evidence. (4) A period of service custody may be taken account of under this section only once.

Propose a change

213B Period of custody awaiting extradition: effect on term of detention and training order

(1) This section applies where— (a) the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence, (b) the offender was tried for the offence, or is to be sentenced— (i) after having been extradited to the United Kingdom, and (ii) without having first been restored or had an opportunity of leaving the United Kingdom, and (c) the offender was kept in custody for any period while awaiting extradition to the United Kingdom. (2) The court must— (a) specify in open court the number of days for which the offender was kept in custody while awaiting extradition, and (b) take account of those days in determining the term of the order.

Propose a change

214 Offences during currency of detention and training order

(1) This section applies to a person in respect of whom an order under section 211 has been made if— (a) after his release and before the date on which the term of the order ends, he commits an offence within subsection (2) (“the new offence”); and (b) whether before or after that date, he is convicted of the new offence. (1A) This section also applies to a person in respect of whom a service FSO has been made if— (a) before the date on which the period of further supervision under the service FSO ends, he commits an offence within subsection (2) (“the new offence”); and (b) whether before or after that date, he is convicted of the new offence. (1B) A service FSO is an order under paragraph 3(2)(b) of Schedule 12 to the Sentencing Code subjecting the offender to a further period of supervision as a result of breach of supervision requirements— (a) during a period of supervision under an order under section 211 of this Act, (b) during a further period of supervision imposed for breach of supervision requirements during a period within paragraph (a), or (c) during one of a series of further periods of supervision— (i) each of which apart from the first was imposed for breach of supervision requirements during the previous further period of supervision, and (ii) the first of which was imposed for breach of supervision requirements during a period within paragraph (a). Terms used in this subsection have the same meaning as in section 213(4) (see section 213(6)). (2) An offence is within this subsection if it is— (a) a service offence which is punishable with imprisonment; or (b) an offence under the law of any part of the British Islands which is so punishable. (3) A court having power to do so under subsection (4) or (5) may order the person to be detained in such youth detention accommodation as the Secretary of State may determine for the whole or any part of the period which— (a) begins with the date of the court's order; and (b) is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) or (1A) (as the case may be). (4) Where the Court Martial or the Service Civilian Court convicts the person of the new offence, the court may on the conviction make an order under subsection (3). (5) Where the offender is convicted of the new offence otherwise than by the Court Martial or the Service Civilian Court, the Court Martial may make an order under subsection (3) if the offender appears or is brought before it following the issue of a summons or warrant under subsection (7). (6) Where an order under subsection (3) is made on the conviction of the new offence, the order must be in addition to the sentence for the new offence, and the period for which the person is ordered under subsection (3) to be detained— (a) shall, as the court may direct, either be served before and be followed by, or be served concurrently with, any sentence imposed for the new offence; and (b) in either case, shall be disregarded in determining the appropriate length of that sentence. (7) If it appears to the Court Martial— (a) that this section applies to a person, (b) that his conviction of the new offence was not by the Court Martial or the Service Civilian Court, and (c) that no order under subsection (3) or under paragraph 7 of Schedule 12 to the Sentencing Code has been made in respect of the new offence, the Court Martial may issue a summons requiring the person to appear at the time and place specified in it, or a warrant for his arrest. (8) A person detained in pursuance of an order under subsection (3) shall be deemed to be in legal custody.

Propose a change

215 Section 214: definitions etc

(1) Section 238(3) of the Sentencing Code (treatment of concurrent and consecutive terms) applies for the purposes of the reference in section 214(1)(a) of this Act to the term of an order. (2) Where the new offence (within the meaning of section 214) is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of that section to have been committed on the last of those days. (3) In section 214 “youth detention accommodation” has the meaning given by section 248 of the Sentencing Code.

Propose a change

216 Appeals against orders under section 214

(1) This section applies where an order under section 214 (“the relevant order”) is made. (2) For the purposes of sections 285 to 287 (appeals from Service Civilian Court) or, as the case may be, the Court Martial Appeals Act 1968 (c. 20)— (a) the relevant order is to be treated as a sentence passed on the offender, by the court that made the relevant order, for the offence for which the order under section 211 was made; and (b) if the offender was not convicted of that offence by that court he is to be treated for the purpose of enabling him to appeal against the relevant order as if he had been so convicted. (3) For the purposes of any appeal against the relevant order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order. (4) On an appeal to the Court Martial Appeal Court against the relevant order, the court may (as an alternative to exercising its powers under section 16A(2) of the Court Martial Appeals Act 1968) quash the order.

Propose a change

217 Mandatory life imprisonment

(1) This section applies if a person is convicted by the Court Martial of an offence under section 42 (criminal conduct) and the corresponding offence under the law of England and Wales is under that law— (a) murder; or (b) any other offence the sentence for which is fixed by law as imprisonment for life. (2) Where on conviction the offender is 21 or over, the court must sentence the offender to imprisonment for life. (3) Where on conviction the offender is aged under 21, the court must pass on the offender a sentence of custody for life under section 275 of the Sentencing Code. (4) Subsection (3) does not apply where the offender is liable to be detained under section 218 (detention at Her Majesty's pleasure for offender under 18).

Propose a change

218 Offenders who commit murder etc when under 18: mandatory detention at Her Majesty's pleasure

(1) This section applies if— (a) a person is convicted by the Court Martial of an offence under section 42 (criminal conduct); (b) the corresponding offence under the law of England and Wales is under that law— (i) murder; or (ii) any other offence the sentence for which is fixed by law as imprisonment for life; and (c) the offender appears to the court to have been aged under 18 at the time the offence was committed. (2) The court must (notwithstanding anything in this or any other Act) sentence him to be detained during Her Majesty's pleasure. (3) A person sentenced to be detained under this section is liable to be detained in such place, and under such conditions, as may be determined by the Secretary of State or by such other person as may be authorised by him for the purpose. (4) A person detained in pursuance of a sentence under this section shall be deemed to be in legal custody.

Propose a change

218A Life sentence for second listed offence

(1) This section applies where— (a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct); (b) the corresponding offence under the law of England and Wales is an offence listed in Part 1 of Schedule 15 to the Sentencing Code; (c) the offence was committed on or after the relevant date; and (d) the sentence condition and the previous offence condition are met. (1A) In subsection (1)(c), “relevant date”, in relation to an offence, means the date specified for the corresponding offence (as mentioned in subsection (1)(b)) in Part 1 of Schedule 15 to the Sentencing Code. (1B) Where the offender is under 21 when convicted of the offence under section 42, section 273(3) of the Sentencing Code (duty of court to impose custody for life except in exceptional circumstances) applies in relation to the offender. (2) Where the offender is 21 or over when convicted of the offence under section 42, section 283(3) of the Sentencing Code (duty of court to impose imprisonment for life except in exceptional circumstances) applies in relation to the offender. (3) In sections 273(3)(a) and 283(3)(a) of that Code as applied by subsections (1B) and (2)— (a) the reference to “the index offence” is to be read as a reference to the offence under section 42; and (b) the reference to “the previous offence referred to in subsection (5)” is to be read as a reference to the previous offence referred to in subsection (5) of this section. (4) The sentence condition is that, but for this section, the Court Martial would, in compliance with sections 260(2) and 261(2), impose a sentence of imprisonment for 10 years or more, or, in the case of an offender aged under 21 on conviction, a sentence of detention in a young offender institution for 10 years or more, disregarding any extension period imposed under section 266 or 279 of the Sentencing Code as applied by section 219A of this Act. (5) The previous offence condition is that— (a) at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in Schedule 15 to the Sentencing Code (“the previous offence”); and (b) a relevant life sentence or a relevant sentence of imprisonment or detention for a determinate period was imposed on the offender for the previous offence. (5A) For the purposes of subsection (5), Schedule 15 is to be read as if Part 1 did not include any offence for which the date specified in that Part is after the date on which the offence under section 42 was committed. (6) A sentence is relevant for the purposes of subsection (5)(b) if it would be relevant for the purposes of section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or section 283(5)(b) of that Code (see subsections (7) to (12) of that section). (7) A sentence required to be imposed by section 273(3) or 283(3) of the Sentencing Code as a result of this section is not to be regarded as a sentence fixed by law. (8) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it must be taken for the purposes of subsections (1)(c) , (5)(a) and (5A) to have been committed on the last of those days.

Propose a change

219 Life sentence for certain dangerous offenders aged 18 or over

(1) This section applies where — (a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct), (b) the corresponding offence under the law of England and Wales is a Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code), and (c) the court is of the required opinion (defined by section 223). (1A) Where the offender is under 21 when convicted of the offence under section 42, section 274(3) of the Sentencing Code (duty to impose custody for life) applies in relation to the offender. (2) Where the offender is 21 or over when convicted of the offence under section 42, section 285(3) of the Sentencing Code (duty to impose imprisonment for life) applies in relation to the offender. (3) In sections 274(3) and 285(3) of the Sentencing Code (as applied by subsections (1A) and (2)), references to “the offence” are to be read as references to the offence under section 42 of this Act. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A sentence under section 274 or 285 of the Sentencing Code passed as a result of this section is not to be regarded as a sentence fixed by law.

Propose a change

219A Extended sentence for certain violent , sexual or terrorism offenders aged 18 or over

(1) This section applies where— (a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after the commencement of this section); (b) the corresponding offence under the law of England and Wales is a specified offence within the meaning of the Sentencing Code (see section 306 of that Code); (c) the court is of the required opinion (defined by section 223); (d) the court is not required— (i) by section 273(3) of the Sentencing Code (as applied by section 218A(1B) of this Act) to impose a sentence of custody for life; (ii) by section 283(3) of the Sentencing Code (as applied by section 218A(2) of this Act) to impose a sentence of imprisonment for life; (iii) by section 274(3) of the Sentencing Code (as applied by section 219(1A) of this Act) to impose a sentence of custody for life; (iv) by section 285(3) of the Sentencing Code (as applied by section 219(2) of this Act) to impose a sentence of imprisonment for life; and (e) condition A or B is met. (2) Condition A is that, at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in Schedule 14 to the Sentencing Code. (3) Condition B is that, if the court were to impose an extended sentence of detention in a young offender institution or an extended sentence of imprisonment as a result of this section, the term that it would specify as the appropriate custodial term would be at least 4 years. (4) Where the offender is under 21 when convicted of the offence under section 42, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code is available in respect of the offence. (5) Subsections (2) to (5) of section 268 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code by virtue of this section. (6) In their application to an offender by virtue of subsection (5), subsections (2) to (5) of section 268 of the Sentencing Code are modified as follows— (a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”; (b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”; (c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”. (7) Where the offender is 21 or over when convicted of the offence under section 42, an extended sentence of imprisonment under section 279 of the Sentencing Code is available in respect of the offence. (8) Subsections (2) to (5) of section 281 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of imprisonment under section 279 of the Sentencing Code by virtue of this section. (9) In their application to an offender by virtue of subsection (8), subsections (2) to (5) of section 281 of the Sentencing Code are modified as follows— (a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”; (b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”; (c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.

Propose a change

220 Certain violent or sexual offences: offenders aged 18 or over

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

221 Life sentence for certain dangerous offenders aged under 18

(1) This section applies where — (a) a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct) which was committed on or after 4 April 2005, (b) the corresponding offence under the law of England and Wales is a Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code), (ba) the court considers that the seriousness of— (i) the offence under section 42, or (ii) that offence and one or more offences associated with it, is such as to justify the imposition of a sentence of detention for life, and (c) the court is of the required opinion (defined by section 223). (2) Section 258(2) of the Sentencing Code (duty to impose detention for life) applies in relation to the offender. (3) In section 258(2) of the Sentencing Code (as applied by subsection (2)), the reference to section 250 of that Code is to be read as a reference to section 209 of this Act. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) A sentence under section 258(2) of the Sentencing Code passed as a result of this section is not to be regarded as a sentence fixed by law.

Propose a change

221A Extended sentence for certain violent , sexual or terrorism offenders aged under 18

(1) This section applies where— (a) a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after the commencement of this section); (b) the corresponding offence under the law of England and Wales is a specified offence within the meaning of the Sentencing Code (see section 306 of that Code); (c) the court is of the required opinion (defined by section 223); (d) the court is not required by section 258(2) of the Sentencing Code (as applied by section 221 of this Act) to impose a sentence of detention for life under section 209 of this Act; and (e) if the court were to impose an extended sentence of detention ... as a result of this section, the term that it would specify as the appropriate custodial term would be at least 4 years. (2) An extended sentence of detention under section 254 of the Sentencing Code is available in respect of the offence. (3) Subsections (2) to (5) of section 256 of the Sentencing Code apply where a court is determining— (a) the appropriate custodial term, and (b) the extension period, of an extended sentence of detention to be imposed on an offender under section 254 of the Sentencing Code by virtue of this section. (4) In their application to an offender by virtue of subsection (3), subsections (2) to (5) of section 256 of the Sentencing Code are modified as follows— (a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”; (b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”; (c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.

Propose a change

222 Offenders aged under 18: certain violent or sexual offences

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

223 “The required opinion” for purposes of sections 219 to 221A

(1) “The required opinion” for the purposes of sections 219(1), 219A(1), 221(1) and 221A(1) is the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of— (a) further specified offences; or (b) further acts or omissions that would be specified offences if committed in England or Wales. (2) For the purposes of the court's decision whether it is of that opinion, subsections (2) and (3) of section 308 of the Sentencing Code apply as they apply for the purposes of the assessment referred to in subsection (1) of that section. (3) In section 308(2)(a) of the Sentencing Code as applied by this section, the reference to the offence is to be read as a reference to the offence under section 42 of this Act. (4) In this section— “serious harm” has the meaning given by section 306 of the Sentencing Code; “specified offence” has the meaning given by that section.

Propose a change

224 Place of detention for extended sentences for offenders aged under 18

Section 261 of the Sentencing Code (detention in pursuance of extended sentence) applies to detention imposed by virtue of section 221A of this Act as it applies to detention under section 254 of that Code.

Propose a change

224A Special custodial sentence for certain offenders of particular concern

(1) This section applies where— (a) a person is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after this section comes into force), (b) the corresponding offence under the law of England and Wales is an offence listed in Schedule 13 to the Sentencing Code, (c) the person was aged 18 or over when the offence was committed, and (d) the court does not impose one of the following for the offence— (i) a sentence of imprisonment or custody for life, or (ii) an extended sentence of detention or imprisonment under section 266 or 279 of the Sentencing Code (as applied by section 219A of this Act). (2) If— (a) the court imposes a sentence of detention in a young offender institution for the offence, and (b) the offender is aged under 21 when convicted of the offence, subsections (2) and (3) of section 265 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence. (2A) If— (a) the court imposes a sentence of imprisonment for the offence, and (b) the offender is aged 21 or over when convicted of the offence, subsections (2) and (3) of section 278 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence. (3) The references in subsections (1)(d) , (2) and (2A) to a sentence imposed for the offence include a sentence imposed for the offence and one or more offences associated with it. (4) In Schedule 13 to the Sentencing Code, as applied by subsection (1)(b), the reference in paragraph 10 to section 69 of that Code is to be read as a reference to that section as applied by section 238(6) of this Act.

Propose a change

225 Third drug trafficking offence

(1) This section applies where — (a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct); and (b) if his conviction had been by a civilian court in England and Wales of the corresponding offence under the law of England and Wales, section 313 of the Sentencing Code (third class A drug trafficking offence) would apply. (2) The Court Martial must impose the sentence required by section 313(2A) of that Code, unless it is of the opinion that there are exceptional circumstances which— (a) relate to any of the offences or to the offender; and (b) justify not doing so.

Propose a change

226 Third domestic burglary

(1) This section applies where— (a) a person aged over 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and (b) if his conviction had been by a civilian court in England and Wales of the corresponding offence under the law of England and Wales, section 314 of the Sentencing Code (third domestic burglary) would apply. (2) The Court Martial must impose the sentence required by section 314(2A) of that Code, unless it is of the opinion that there are exceptional circumstances which— (a) relate to any of the offences or to the offender; and (b) justify not doing so.

Propose a change

227 Firearms offences

(1) This section applies if— (a) a person is convicted by the Court Martial of an offence under section 42 (criminal conduct); (aa) the corresponding offence under the law of England and Wales is an offence listed in any of paragraphs 1 to 4 of Schedule 20 to the Sentencing Code; and (b) if his conviction had been by a civilian court in England and Wales of that corresponding offence, section 311 of the Sentencing Code (minimum sentences for certain firearms offences) would apply. (2) The Court Martial must impose the sentence required by section 311(2) of the Sentencing Code (as that provision has effect in relation to England and Wales), unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so. (3) In section 311(3)(a) of that Code, as applied by this section, the reference to a sentence of detention under section 250 or 252A of that Code is to be read as a reference to a sentence of detention under section 209 of this Act.

Propose a change

227A Offences of threatening with a weapon in public or on school premises

(1) This section applies if— (a) a person aged 18 or over is convicted by a court of an offence under section 42 (criminal conduct); and (b) the corresponding offence under the law of England and Wales is an offence under section 1A of the Prevention of Crime Act 1953 or section 139AA of the Criminal Justice Act 1988 (threatening with article with blade or point or offensive weapon in public or on school premises). (1A) Where the offender is aged under 21 at the time of conviction, the court must impose a sentence of detention in a young offender institution for a term of at least 6 months unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or to the offender, and (b) justify not doing so. (2) Where the offender is aged 21 or over at the time of conviction, the court must impose a sentence of imprisonment for a term of at least 6 months unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or to the offender, and (b) justify not doing so. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

228 Appeals where previous convictions set aside

(1A) Subsection (3) applies in the cases described in subsections (1B) to (2). (1B) The first case is where— (a) a sentence has been imposed on any person under section 273(3) or 283(3) of the Sentencing Code (life sentence for second listed offence) as applied by section 218A of this Act; (b) a previous conviction of that person has been subsequently set aside on appeal; and (c) without that conviction, the previous offence condition mentioned in section 218A(1)(d) would not have been met. (1C) The second case is where— (a) a sentence has been imposed on any person under section 225(3) of the 2003 Act (as applied by section 219(2) of this Act); (b) the condition in section 225(3A) of the 2003 Act was met but the condition in section 225(3B) of that Act was not; and (c) any previous conviction of the person without which the condition in section 225(3A) would not have been met is subsequently set aside on appeal. (1D) The third case is where— (a) a sentence has been imposed on any person under section 266 or 279 of the Sentencing Code (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over) as applied by section 219A of this Act; (b) the condition in section 219A(2) was met, but the condition in section 219A(3) was not; and (c) any previous conviction of the person without which the condition in section 219A(2) would not have been met is subsequently set aside on appeal. (1E) The fourth case is where— (a) a sentence has been imposed on any person under section 227(2) of the 2003 Act (as applied by section 220(2) of this Act); (b) the condition in section 227(2A) of the 2003 Act was met but the condition in section 227(2B) of that Act was not; and (c) any previous conviction of the person without which the condition in section 227(2A) would not have been met is subsequently set aside on appeal. (2) The fifth case is where— (a) a sentence has been imposed on any person by virtue of section 225 or 226 of this Act; and (b) any previous conviction of his without which that section would not have applied has subsequently been set aside on appeal. (3) Where this subsection applies, an application for leave to appeal against the sentence may be lodged at any time within 29 days beginning with the day on which the previous conviction was set aside. (3A) Subsection (3B) applies where— (a) a sentence has been imposed on a person under section 273(3) or 283(3) of the Sentencing Code (life sentence for second listed offence) as applied by section 218A of this Act; (b) a previous sentence imposed on that person has been subsequently modified on appeal; and (c) taking account of that modification, the previous offence condition mentioned in section 218A(1)(d) would not have been met. (3B) An application for leave to appeal against the sentence mentioned in subsection (3A)(a) may be lodged at any time within 29 days beginning with the day on which the previous sentence was modified. (4) Subsections (3) and (3B) have effect notwithstanding anything in section 9(1) of the Court Martial Appeals Act 1968 (c. 20).

Propose a change

229 Service restraining orders

(1) The Court Martial or the Service Civilian Court may make an order under this section where— (a) it convicts or acquits a person (“the defendant”) of an offence; and (b) the defendant is subject to service law or is a civilian subject to service discipline. (2) An order under this section— (a) prohibits the defendant from doing anything described in the order; and (b) has effect for a fixed period specified in the order or until further order. (3) An order under this section may be made, and a prohibition may be included in the order, only for the purpose of protecting a person mentioned in the order from conduct which amounts to harassment. (4) A person subject to service law or a civilian subject to service discipline commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by an order under this section. (5) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed five years. (6) In proceedings for an order under this section, the Director of Service Prosecutions and the defence may lead (as further evidence) any evidence which would be admissible in proceedings in the High Court in England and Wales for an injunction under section 3 of the Protection from Harassment Act 1997 (c. 40).

Propose a change

230 Service restraining orders: supplementary

(1) Section 7 (interpretation) of the Protection from Harassment Act 1997 (c. 40) (“the 1997 Act”) applies for the purposes of section 229 of this Act as it applies for the purposes of sections 5 and 5A of that Act. (2) Section 12 of the 1997 Act (national security etc) applies for the purposes of section 229 of this Act as if— (a) the reference in subsection (1)(c) to serious crime were a reference to serious service offences or serious crime (committed anywhere); (b) the reference in subsection (1) to the 1997 Act were a reference to section 229 of this Act. (3) Where the Court Martial Appeal Court allows an appeal against conviction it may remit the case to the Court Martial for that court to consider whether to proceed under section 229. (4) Section 229 applies in relation to a case remitted under subsection (3) as if subsection (1)(a) were omitted.

Propose a change

231 Service restraining orders: appeals

(1) This section applies where a court makes an order under section 229— (a) after it has acquitted the defendant of an offence; or (b) in respect of a case remitted to it under section 230(3). (2) For the purposes of sections 285 to 287 (appeals from Service Civilian Court) or, as the case may be, the Court Martial Appeals Act 1968 (c. 20)— (a) the order is to be treated as a sentence passed on the defendant in respect of the offence; and (b) the defendant is to be treated for the purpose of enabling him to appeal against the order as if he had been convicted of the offence by the court. (3) For the purposes of any appeal against the order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.

Propose a change

232 Service restraining orders: variation and revocation

(1) The Court Martial may vary or revoke an order under section 229 on an application made by— (a) the Director of Service Prosecutions; (b) the defendant; or (c) any other person mentioned in the order. (2) Any person mentioned in the order is entitled to be heard on the hearing of an application under subsection (1). (3) Where a person is convicted of an offence under section 229, the court that convicts him may vary or revoke the order to which the offence relates.

Propose a change

232A Service sexual offences prevention orders

(1) The Court Martial or the Service Civilian Court may make an order under this section where— (a) it deals with a person within subsection (2) (“the defendant”) in respect of— (i) a qualifying section 42 offence of which the defendant has been convicted; or (ii) a relevant finding in relation to a qualifying section 42 offence; and (b) it is satisfied that it is necessary to make an order under this section for the purpose of protecting the service community outside the United Kingdom from serious sexual harm from the defendant. (2) The following are persons within this subsection— (a) a member of the regular forces; (b) a member of the reserve forces (whether or not for the time being subject to service law); (c) a civilian subject to service discipline; (d) a person who the court is satisfied is intending to become, or likely to become, a civilian subject to service discipline. (3) An order under this section— (a) prohibits the defendant from doing anything described in the order; and (b) has effect for a fixed period, of at least five years, specified in the order or until further order. (4) The only prohibitions that may be included in the order are those necessary for the purpose of protecting the service community outside the United Kingdom from serious sexual harm from the defendant. (5) Where— (a) a court makes an order under this section, and (b) the defendant is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect. (6) In this section and sections 232B to 232E— (a) “protecting the service community outside the United Kingdom from serious sexual harm” from a person means protecting the service community outside the United Kingdom, or particular members of that community, from serious physical or psychological harm, caused by the person committing one or more offences under section 42 as respects which the corresponding offence under the law of England and Wales is an offence listed in Schedule 3 to SOA 2003; (b) “qualifying section 42 offence” means an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence listed in Schedule 3 or 5 to SOA 2003; (c) “relevant finding”, in relation to an offence, means— (i) a finding that a person is not guilty of the offence by reason of insanity; or (ii) a finding that a person is unfit to stand trial and has done the act charged; (d) “service community” means persons subject to service law and civilians subject to service discipline; (e) “SOA 2003” means the Sexual Offences Act 2003. (7) In construing subsection (6)(a) or (b), any condition subject to which an offence is listed in Schedule 3 to SOA 2003 that relates— (a) to the way in which a person is dealt with in respect of the offence or a relevant finding, or (b) to the age of any person, is to be disregarded.

Propose a change

232B Service SOPOs: appeals

(1) This section applies where the Court Martial makes an order under section 232A in respect of a relevant finding in relation to a qualifying section 42 offence. (2) For the purposes of the Court Martial Appeals Act 1968— (a) the order is to be treated as a sentence passed on the defendant in respect of the offence; and (b) the defendant is to be treated for the purpose of enabling the defendant to appeal against the order as if the defendant had been convicted of the offence by the court. (3) For the purposes of any appeal against the order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.

Propose a change

232C Service SOPOs etc: variation and revocation

(1) The Court Martial may vary or revoke an order under section 232A on an application made by— (a) a Provost Marshal; or (b) the person subject to the order. (2) If subsection (3) applies, the Court Martial may vary or revoke an order under section 104 of SOA 2003 (sexual offences prevention order) on an application made by— (a) a Provost Marshal; or (b) the person subject to the order. (3) This subsection applies if the person subject to the order under section 104 of SOA 2003 (“the SOA order”) is also subject to an associated order under section 232A and either— (a) the person is subject to service law or a civilian subject to service discipline; or (b) the application is made together with an application for the variation or revocation of the associated order under section 232A. (4) An order may be varied under this section so as to extend the period for which it has effect, or so as to impose additional prohibitions, only if— (a) in the case of an order under section 232A, the court is satisfied that the variation is necessary for the purpose of protecting the service community outside the United Kingdom from serious sexual harm from the person subject to the order (in which case section 232A(4) applies accordingly); (b) in the case of an order under section 104 of SOA 2003, the requirements of section 108(5) of that Act are met (protection of public in United Kingdom from serious sexual harm). (5) The Court Martial must not before the end of the relevant period revoke an order under section 232A, or an order under section 104 of SOA 2003, without the consent of— (a) the person subject to the order; and (b) a Provost Marshal. (6) In subsection (5) “the relevant period” means the period of five years beginning with the day on which the order was made. (7) For the purposes of this section an order under section 104 of SOA 2003 and an order under section 232A are “associated” if they were made by the Court Martial or the Service Civilian Court in dealing with the same offence or relevant finding. (8) This section is without prejudice to section 108 of SOA 2003 (application to civilian court for variation etc of a sexual offences prevention order).

Propose a change

← Find another law